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Question about father's rights

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nanademi

Member
Casa - Thanks for the info; one clarification, though - there has never been drugs involved that he or I are aware of, just her having sex while the child is around (in the same room on at least one occasion). We weren't sure even about that part of it until the child said something about it to him the last time they spoke. And then he was like, I'm going to get my kid. Which is when I came on here to research CA law because at this point he's putting in 14 hour days, i'm working only 8 hour days so i have more time to research.

His hope at this point is that he will at least get to have Lexie at Christmas and thru the summers, it's not nearly as much as he would like but it's better than right now, which is not seeing her at all. Based on what we have found out through here, he's thinking about going ahead and filing here in Texas, but for JOINT custody, not sole custody, because he wants to be involved in medical and educational decisions regarding Lexie. As for my part, i plan not to attend court at all. My place is unconditional love and support for both him and Lexie and I can accomplish that without walking into court with a bullseye painted on.

Believe me, i do not want to be in the middle of this. My marriage went for 10 years with my husband's ex-girlfriend denying him access to their child (they broke up a good 2 years before he & i got married) and using me as the reason. Not thrilled AT ALL about being in this situation again. But when you fall in love, you take the entire package of that person, not just the good or easy parts.

Whatever comes of this, his goal, and mine too, is to have a happy and healthy little girl in our lives, preferably with us but if the court says she stays with her mom we'll make the best of it and spend as much time with her as we can.

To all who have responded - thanks for the legal pointers you have shared.

To those of you who took the opportunity to run me down and be hateful, I can only say that yes, this is a screwed up situation, I would not wish this on anyone. Being mocking or rude does not help, the only thing it does is shed light on a mean spirit. I hope and pray that none of you find yourselves or loved ones going through this, it is definitely not easy nor fun, and the pain is compounded by those who would sit in moral judgement. Which is why I started this thread trying to maintain a little anonymity and therefore a little dignity, but evidently that backfired.

God bless.
 


BelizeBreeze

Senior Member
nanademi said:
ldiJ - Thank you, thank you for answering the legal questions i had. Hope you have a great day, may the Lord bless & keep you.

BelizeBreeze - how much I care about your opinion of me personally could fit on a pinhead with tons of room to spare. Have a nice life.
Didn't you know you can go to hell just as fast for lying as you can for screwing a married man? :D
 

kids1st

Junior Member
Reply from my own experience

First, of all My ex husband had committed adultry while my two boys where in the house, durring the day, in MY Kitchen.....And guess what, The court didn't even want to hear it!!!! Adultry has no meaning in custody cases only in reason for divorce.

Second, if the father wants to see his daughter and the mother is not allowing if you come along, then step asside honey and be supportive of him seeing his daughter with out you stuck to his side. You have to realize that Divorce is hard on a child at any age, the child wants to see daddy and spend time with daddy not daddy and daddys new girl friend, its hard enough emotionally on a child with out that added stress.

Third, if the mother will still not allow him to see the child, with it just being him at the visitation then the father needs to take it to court to get temporary visitation until the divorce and custody is over.

Fourth, Before he file he should look at the different laws that the state and counties hold and see which better suites him. I live in a small town and they are very old fashion, worked great for me since I am the mother. If I would of filed where I am from and plan on moving back to (big city) they see things in a whole different light.
 

stealth2

Under the Radar Member
kids1st said:
Fourth, Before he file he should look at the different laws that the state and counties hold and see which better suites him. I live in a small town and they are very old fashion, worked great for me since I am the mother. If I would of filed where I am from and plan on moving back to (big city) they see things in a whole different light.
This is NOT how it works. You file where you're a resident, or where the child is a resident. In this case, it would be where the child resides as a different state has no jurisdiction over her custody. You do not get to "shop" for the best deal.
 

nanademi

Member
BelizeBreeze - I would bet any amount of money out there that YOU don't possess nail-scarred hands, either; get off the soapbox and off my ass. If you decide, however, that you do actually have something valuable to contribute to this FORUM FOR LEGAL ADVICE, by all means chime in. I ALREADY SAID this situation is a screwed-up deal, no need to drive things into the ground. Enough already. "first remove the mote from thine own eye."
 
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